Bid Protest Defense

Malyszek & Malyszek has experience prosecuting and defending against public bid protests as well as in contract disputes and public works act claims. Our attorneys also have experience advising clients on federal projects including bid protest litigation before the Government Accountability Office (GAO) and Court of Federal Claims. We have counseled clients on a wide range of claims arising under federal government contracts, including Contract Disputes Act claims, False Claims Act investigations, and even Miller Act Claims.

All contractors doing business with the federal government should carry the bid protest arrow in his quiver. A bid protest is a written objection filed by an interested party (someone whose interests are being affected by a procurement procedure.

Protests can either be pre-award or post-award. To be reflected as pre-award a protest must be filed before bids are due to protest improper specifications or after offers are submitted but before the award is made. A post award protest is filed after the award is made or the contractor selected usually to protest the award itself.

Bid protests filed with the Government Accountability Office (GAO) have recently received increased congressional inspection due to protests of high-profile awards and the increased number of protests. The possible delay of contract award triggered by a GAO protest has also provoked concerns about the impact of protests upon agency operations. Questions have also arisen about the GAOs authority over protests challenging the issuance of task and delivery orders valued at over $10 million. The 111th Congress enacted regulation extending certain provisions governing the GAOs jurisdiction over orders issued by defense agencies. The 112th Congress considered similar laws regarding the orders of civilian agencies (H.R. 899, S. 498) but did not enact them. Although in June of 2011 the Government Accountability Office found that Congress’s failure to extend the sun-setting provisions meant that it should have jurisdiction over orders of any value.

Protest tools ensure that individuals doing business with the government can show their complaints about governmental contracting processes and achieve relief. They enhance the accountability of procurement officials and government agencies by correcting mistakes and misconduct. This accountability helps to guarantee the integrity of the procurement system. If the procurement system were observed as corrupt, contractors might be less willing to compete for government contracts. A corrupt procurement system could waste taxpayers money.

Although they may use the services of an attorney in prosecuting a GAO protest, protestors are not required to do so; they can represent themselves. The GAO allows contractors to represent themselves in bid protest proceedings and have their protests resolved without a hearing. Resolution of the protest based upon documents allows protesters to avoid the costs of traveling to Washington, D.C. for hearings; hearings are rare in GAO protests. Furthermore, when held, hearings are less formal.

With over 40 years of experience, the Malyszek & Malyszek law firm will assist you with a variety of cases involving bid-protest matters. Call Malyszek & Malyszek today to learn more about how we can help you with your case.